Car accidents are stressful, especially when you’re not the one who caused the crash. You might expect the other driver’s insurance to take care of everything, but it’s not always that simple. Many drivers in Pennsylvania don’t fully understand how liability insurance works or what it actually covers after an accident.
If you were injured in a car accident and were not at fault, understanding how liability insurance works in Pennsylvania is critical. Knowing your rights can help you avoid costly mistakes and protect your ability to recover full compensation. A Pennsylvania car accident lawyer can help you build a claim when someone else’s negligence hurts you.
What Is Liability Insurance, and How Does it Work in Pennsylvania?
Liability insurance is required for all drivers in Pennsylvania. It protects other people if you cause an accident. That means if someone hits you, their liability insurance should cover your damages—not your own. There are two main parts to liability insurance:
- Bodily Injury Liability pays for medical bills, lost wages, and pain and suffering of people hurt in the crash.
- Property Damage Liability covers damage to vehicles or other property.
What Are Pennsylvania’s Liability Insurance Requirements?
In Pennsylvania, the minimum required liability limits are:
- $15,000 for injury to one person
- $30,000 total for all people injured in one accident
- $5,000 for property damage
These numbers may not be enough if the crash is serious. And if the at-fault driver doesn’t have enough coverage, or any at all, you may need to rely on your own insurance.
What the At-Fault Driver’s Insurance Should Pay for in Pennsylvania
When you’re not at fault, the at-fault driver’s liability insurance should pay for:
- Your medical expenses
- Lost wages if your injuries keep you from working
- Car repairs or replacement
- Pain and suffering, if you qualify
But there’s a catch. In Pennsylvania, you choose between limited tort and full tort coverage on your own policy. If you chose limited tort, you may not be able to get money for pain and suffering unless your injuries are considered “serious.”
If you have full tort, you can usually pursue full compensation, including for pain and suffering.
What the Other Driver’s Insurance Does Not Cover in Pennsylvania
Even when the other driver caused the crash, liability insurance doesn’t always cover everything. Here’s what it doesn’t cover:
Disputes Over Fault
Liability insurance only works when the other driver is found to be at fault. But sometimes fault isn’t clear. If the insurance company believes you share responsibility or claims their driver wasn’t at fault at all, they may delay, reduce, or deny your claim. These situations often require legal help to gather evidence and prove what really happened.
Uninsured or Underinsured Drivers
Not every driver on the road has proper insurance. If you’re hit by someone with no insurance, or too little to cover your losses, you can’t rely on their liability policy to make things right. In Pennsylvania, your best protection in this case is uninsured/underinsured motorist (UM/UIM) coverage, which you can include in your own policy. It helps cover your expenses when the at-fault driver can’t.
Many drivers are surprised to learn that their own liability insurance doesn’t help them at all in these situations: it only protects others if you’re the one at fault.
Coverage Limits
Every insurance policy has maximum amounts the insurer will pay for injuries or property damage. If your costs go beyond those limits, the remaining balance becomes your responsibility unless you have other coverage or take legal action.
For example, if the other driver’s policy only covers $15,000 in medical expenses but your hospital bills total $30,000, their insurance will only pay up to the limit. You may need to rely on your own underinsured motorist coverage or personal health insurance to cover the rest.
The same goes for property damage. If your car repairs cost $10,000 but the other driver’s policy only covers $5,000, you’re left with a $5,000 gap unless you have collision coverage on your own policy.
Filing a Third-Party Insurance Claim in Pennsylvania
If you’re in an accident in Pennsylvania and not at fault, here’s what you should do:
- Report the crash to your own insurance company, even if the other driver is at fault.
- Get a police report—this is key for proving who caused the accident.
- Exchange information with the other driver, including their insurance details.
- File a third-party claim with the other driver’s insurance company.
Keep records of everything: photos, bills, time missed from work, and conversations with insurers. Be careful when speaking with the other driver’s insurance company, as they may try to minimize your injuries or blame you.
Even if the other driver’s insurance eventually pays out, you may need to use your own coverage first (such as Medical Benefits or collision coverage) and let your insurer recover the costs later.
Common Insurance Myths After a Pennsylvania Car Accident
There are many myths about how insurance works in accidents. Let’s clear up a few:
Myth 1: “I don’t need to report the accident if it wasn’t my fault.”
Even if the accident wasn’t your fault, you should always report it to your insurance company. Most policies require you to notify your insurer about any collision, no matter who caused it. Failing to do so could lead to issues later if new damage appears, injuries develop, or the other driver changes their story. Reporting also helps protect you in case the other driver’s insurer denies responsibility or delays processing the claim. Your insurer can guide you through repairs, medical claims, and other next steps—helping you stay protected while the details are sorted out.
Myth 2: “The other driver’s insurance will automatically cover everything.”
It’s a common assumption, but rarely true. The other driver’s insurance company has one goal: to pay as little as possible. They may dispute fault, undervalue your damages, or drag out the process hoping you’ll accept less. Without your own insurer or an attorney pushing back, you may end up paying out-of-pocket for repairs, medical bills, or rental cars. Having your own company and legal advocate involved ensures your rights are protected and the full extent of your losses are considered.
Myth 3: “I don’t need a lawyer if fault is clear.”
Even in clear-cut cases, insurance companies are not on your side. Adjusters are trained to minimize payouts and can use your statements against you. A personal injury lawyer ensures you don’t get shortchanged. They handle communications, gather evidence, and negotiate for fair compensation—covering not just vehicle damage, but medical expenses, lost wages, and pain and suffering. In many cases, having a lawyer leads to a much larger settlement than trying to handle the claim alone.
How a Pennsylvania Car Accident Lawyer Can Help
After a crash, having an experienced personal injury lawyer on your side can make a huge difference. Here’s how:
- Proving fault: Lawyers gather evidence to show the other driver caused the crash.
- Valuing your claim: They know how to calculate fair compensation for medical bills, lost wages, and pain and suffering.
- Dealing with insurance companies: They handle the paperwork, phone calls, and negotiations, so you can focus on healing.
In many cases, you won’t pay anything up front. Most personal injury lawyers in Pennsylvania work on a contingency fee, meaning they only get paid if you win.
FAQs about Liability Claims in PA
What if the other driver’s insurance company won’t return my calls?
It’s common for insurers to delay communication after an accident. They may be investigating the claim, waiting for police reports, or simply trying to wear you down. Don’t wait indefinitely—document all attempts to reach them, notify your own insurer, and consider contacting a lawyer. An attorney can get their attention quickly and ensure your claim keeps moving forward.
Can I file a claim with both insurance companies?
Yes. You can open a claim with your own insurer and the at-fault driver’s insurer at the same time. This helps you get repairs or medical coverage faster. Later, the insurers determine who ultimately pays through subrogation. Filing both claims protects you from long delays if the other driver’s company is slow or uncooperative.
How long do I have to file an insurance claim or lawsuit in Pennsylvania?
You should report an accident to your insurance company as soon as possible—most policies have strict time limits. If you need to file a lawsuit for injuries or damages, Pennsylvania’s statute of limitations is generally two years from the date of the crash. Missing that deadline usually means losing your right to compensation.
What if the at-fault driver was working at the time of the crash?
If the driver was on the job, their employer may also be liable under Pennsylvania’s “vicarious liability” laws. This could mean there’s a larger insurance policy available to cover your losses. These claims can get complex, especially if the driver worked for a rideshare or delivery service, so legal help is crucial.
Will my insurance rates go up if I wasn’t at fault?
It depends on your insurer. Some companies raise rates after any claim, even if you didn’t cause the accident. However, Pennsylvania law prevents surcharges for not-at-fault crashes in many cases. It’s best to ask your insurer directly and keep records proving the other driver was responsible.
What if the at-fault driver was uninsured but driving someone else’s car?
If the car owner had insurance, their policy might still apply. However, insurers often deny coverage if the driver didn’t have permission to use the vehicle. In that case, you may need to rely on your own uninsured motorist coverage to recover damages. A personal injury lawyer can help identify every possible source of coverage.
What happens if multiple drivers share fault in the crash?
Pennsylvania follows a modified comparative negligence rule. You can still recover compensation if you were partly at fault—as long as you were less than 51% responsible. Your award is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you could still receive $80,000.
Get Peace of Mind After a Crash: Call Atlee Hall Today
Understanding liability insurance is essential after a crash—but even when you do everything right, insurance companies may still try to limit what they pay. If you were injured in a Pennsylvania car accident and need help dealing with insurers, Atlee Hall’s experienced personal injury attorneys are ready to help.
Contact our office today or call (717) 393-9596 for a free consultation.
